Alhaji Mohammed O. Atta V. Commissioner of Police, Kogi State (2003)

LawGlobal-Hub Lead Judgment Report

ODUYEMI, J.C.A. 

As required by rules of court, the appellant by a motion ex-parte filed in the Lokoja Judicial Division of the High Court of Kogi State on 27th April, 2002, sought leave of court to apply for an order of mandamus directed to the respondent herein seeking the following reliefs:

“a. To apply for an order of mandamus compelling the Kogi State Commissioner of Police to prosecute Alhaji Ado Ibrahim the Ohinoyi of Ebira land together with Abdulkadir Apollo Atta who sometime in the month of January 2000, forcefully and without permission broke into the aforesaid applicant’s premises and made use of same.

b. The prosecution of both Alhaji Ado Ibrahim, the Ohinoyi of Ebira land and Abdulkadir Apollo Atta should be carried out immediately by the respondent as it is now over four calendar months that the applicant lodged with the police, the complaint of criminal trespass, mischief and intimidation.”

The application was accompanied by an affidavit in support sworn to by the applicant/appellant as well as a statement and grounds of the application together with the following exhibits-

Exhibit A – a letter dated 20th November, 1999 Ref. No. HM/AI/AB/263/99 addressed by His Majesty, King Ado Ibrahim, Atta III Ohinoyi of Ebira land to the applicant/appellant.

Exhibit B – a letter dated 24th November, 1999 addressed by the applicant/appellant in response to exhibit A – copied to, inter alia, Dr. A. I.Atta – Head of Atta’s family.

Exhibit C – a letter dated 29th December, 1999 addressed by Dr. A. I. Atta to H.R.H. Alhaji Ado Ibrahim, the Ohinoyi of Ebira land and copied to the respondent herein; and

Exhibit D – a letter dated 10th January, 2000 addressed by the applicant/appellant to the respondent herein headed-

“Re: Complaint of criminal trespass, mischief and intimidation against H.R.H. Alhaji Ado Ibrahim, the Ohinoyi of Ebira land and one Abdulkadir Apollo Atta.”

The application ex-parte for leave was moved before the court on 15th May, 2000. Leave was granted.

Thereafter, appellant served on the respondent the required motion on notice as well as copies of the accompanying process and exhibits.

On its part, the respondent filed on 8th January, 2001, a counter affidavit sworn to by an official of the State Ministry of Justice in the office of the Attorney-General of Kogi State in opposition to the application for the grant of the order of mandamus.

Counsel to both parties addressed the court on the application.